Martina Mantovani, Notaries and their debt-collection writs under the Brussels Ia Regulation. A difficult characterisation, in Journal of Private International Law, 2019, pp. 393-417.
This paper analyses and compares the notarial summary debt collection procedures of Croatia, Hungary and Spain with the aim of determining the status that notaries shall be given under the Brussels Ia Regulation. Against the backdrop of the CJEU’s judgment in Pula Parking, this paper contends that the choice of including or excluding notaries within the Brussels Ia Regulation notion of “court” is essentially “political” in nature and lies with the EU legislature. Noting the impossibility, in current law, of encompassing Croatian and Spanish notaries within that notion, this paper will additionally assess whether their “orders to pay” could circulate as “authentic instruments” under that regime.